News Limited and ORS V South Sydney District Rugby League Football Club Limited

Abstract

The year 2003 witnessed the fourth and final instalment of the legal saga involving the South Sydney District Rugby League Football Club and News Ltd. The High Court, by a four to one majority, overturned the decision in the Full Court of the Federal Court that South Sydney had been excluded from the National Football League (NRL) by a term that was an exclusionary provision under section 4D and section 45(2) of the Trade Practices Act 1974 (Cth). The High Court’s decision provides judicial reasoning on how these sections of the Trade Practices Act are to be interpreted and also raises the issue of the role of the Australian Consumer and Competition Commission (ACCC) as intervener. In this case note, a brief overview of the three Federal Court cases involving South Sydney and News Ltd precedes an analysis of the High Court’s decision.